Searching Content indexed under Intellectual Property by Ropes & Gray LLP ordered by Published Date Descending.
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Federal Circuit Reverses Court, Revises Swagway v. ITC Opinion To Vacate Holding On Preclusive Effect of ITC Decisions
On August 14, 2019, the Federal Circuit granted the request for panel rehearing.
United States
19 Aug 2019
Federal Circuit Unanimously Declines Invitation To Limit Venue In Patent Infringement Cases In In Re: TC Heartland LLC
This case involves a patent infringement suit over liquid water enhancer products filed by Kraft Foods Group Brands LLC in the District of Delaware against TC Heartland LLC, an Indiana-based company.
United States
4 May 2016
Post-Grant Insights: Obviousness Challenges (Video Content)
The practical application of an obviousness challenge is simply this: would a person of ordinary skill in the art find the claims to be obvious, in view of the prior art in front of them.
United States
28 Apr 2015
Post-Grant Insights: The Role Of Experts And The PTAB (Video Content)
It's important to bear in mind that experts have a different function at the PTAB than they do in district court; they're presented in a different way.
United States
21 Apr 2015
First In Three-Part Roll-Out Of AIA Rule Changes Announced, Including Page Limits For Petitioner Replies And Patent Owner Motions To Amend
In a blog post today, U.S. Patent and Trademark Office ("PTO") Director Michelle K. Lee announced plans for a three-part roll-out of changes to the rules governing America Invents Act ("AIA") post-grant proceedings...
United States
1 Apr 2015
Post-Grant Insights: Discovery In PTAB Proceedings (Video Content)
At the federal district court the requesting party can simply lay out a reasoned basis for trying to seek certain categories of information. At the Board, though, an attorney needs to begin with a threshold piece of evidence as a starting point.
United States
3 Dec 2014
Post-Grant Insights: Staying District Court Litigation
As soon as a PTAB petition is filed, one ought to file a motion to stay the district court proceedings so that a client isn’t forced to fight battles on both fronts.
United States
18 Nov 2014
What Claims To Include In Your PTAB Petition (Video Content)
The first challenge in designing either an inter partes review petition or a covered business method patent petition is to decide which claims to address before the Patent Trial and Appeal Board.
United States
23 Sep 2014
Supreme Court Decides Nautilus V. Biosig And Unanimously Eliminates Federal Circuit's "Insolubly Ambiguous" Standard For Indefinitenes
The Supreme Court ruled that "a patent is invalid for indefiniteness if its claims fail to inform... those skilled in the art about the scope of the invention."
United States
3 Jun 2014
Supreme Court Unanimously Reverses Federal Circuit's En Banc Decision In Limelight v. Akamai And Rejects The Application Of Induced Infringement Under § 271(b) To Situations Where There Is No Direct Infringer Under § 271(a)
The Supreme Court ruled that a party can be liable for induced infringement under § 271(b) only when one party has committed direct infringement under § 271(a).
United States
3 Jun 2014
Supreme Court Clarifies Scope Of 35 USC 145 Proceedings
On April 18, 2012, the United States Supreme Court issued a unanimous decision in "Kappos v. Hyatt", affirming the Federal Circuit's "en banc" decision and holding that evidence not submitted to the Patent and Trademark Office (PTO) during prosecution is admissible in a civil action brought against the Director of the PTO under 35 U.S.C. § 145 subject only to the limitations imposed by the Federal Rules of Evidence and the Federal Rules of Civil Procedure.
United States
25 Apr 2012
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